a recent survey found only 5% of the voters in oakland would vote for quan again. >> lisa a polar rising -- she is a polarizing figure. it's time for a change. >> we need a new mayor. >> reporter: the same poll found that 70% of oakland voters said that crime was their biggest concern. and half wasted no time zeroing in on the hotspot issue. >> oaklanders deserve to have the police come when they call. that the city can be safe. >> reporter: she was murky when she asked how to plan to deliver on the police promise. >> i will be rolling out a campaign platform in the new year. >> reporter: skyrocketing crime is only one problem. >> it's about her. she doesn't connect with people and their problems and is in denial that oakland has problems. >> reporter: quan had no

comment about her or the other challengers. she did however say i have not yet announced my re-election plans and i'm focused on my priorities as mayor. >> oakland is looking for competent strong leadership. i'm very excited about campaigning. >> reporter: it going to be an interesting year. the question is, of course, how many other people will jump in this race? oakland is still a prize the city new states and somebody else could join us. >> oakland uses rank choice voting. how do you think that's going to come into play? >> reporter: that's the big question. san francisco uses it, too. it gives voters a choice of three candidates out of the gate and then you stack up.

those votes tran fer to the other two: quan got in by saying anybody but perata but in this race the rumblings are will be but kiwanis race. also tonight stay lawmakers are defending a decision to accept pay raises starting today they are getting a pay raise of more than 5%. that pushes their base pay up to $95,000. it's their first pay raise in more than 6 years after several years of cutbacks. but not all lawmakers are getting pay raises. a dozen refuse to accept them. >> i ran for the office. there was a salary that was a salary. i can live with that. i don't take per diem. we are not out of the woods economically. i see a lot of people still looking for work underemployed. i'm fine with the deal i got when i took the oath of office

a year ago. >> reporter: even before these raises, california lawmakers were the highest paid in the nation. but they don't get pensions. new tonight a small plane registered to a san jose man is missing in central idaho. the plane was scheduled to fly from baker city, oregon to butte, montana. authorities will resume searching yellow pine, idaho, at day bay area tomorrow. the plane is registered to this man, dale smith. authorities have not identified the five people they say were on board but they say they are all family members. controllers lost radio and radar contact with the plane yesterday afternoon. the pilot had engine trouble. heavy snow is hampering the search effort. a police k-9 key nose led deputies to a man thought to have stolen copper from apple headquarters. deputies found this man 56-year- old glen cartwright hiding in

the bushes near the cupertino building on saturday. they also recovered wiring and tools. the suspect is in the hospital recovering after being bitten by the police dog. >> a new planned parenthood is set to open in redwood city tomorrow. protestors are trying to stop it. kpix 5's ryan takeo tells us it comes after a public backlash prevented the controversial clinic from opening two years ago. >> it's trouble to our community that this kind of healthcare is coming. and a break down of family values. >> reporter: linda potter lived in redwood city for 50 years. she and a group of protestors are opposed to the opening of a planned parenthood clinic on el camino real. potter says it's not just about abortion. she says the clinic will lower property values. >> this is not helping. this used to be a family restaurant now it's a blight.

>> you come to expect protestors at our centers. there is a vocal community of protestors here. >> reporter: a spokesman argues there is a need in redwood city for planned parenthood. >> only 3% of abortion services and in fact at this location we are not going to provider surgical abortions, just medication abortions. >> reporter: if this sounds familiar that's because planned parenthood has been down this road before in redwood city. the last proposal was just about a block away two years ago. back then the lack of parking spaces made planned parenthood back off its plans. >> if they don't get those parking spaces, right, they don't get to have their clinic here. right? >> we want planned parenthood out of redwood city. >> reporter: the clinic opens tomorrow. the patients may have to make their way through some protestors. in redwood city, ryan takeo, kpix 5. >> protestors say about 1600 people have signed a petition demanding the property owners kick planned parenthood out. the owner has not responded. surveillance video is

providing new collusion in the search for a man suspected of throwing a woman's cats into the san francisco bay. don ford shows us how clothes authorities are to getting their man with the new clues. >> reporter: the case of the san francisco cat killer is still unsolved. but there's a big break in the investigation. >> we are making progress. we have been getting calls from the public. we were able to -- my officers have been canvassing the area and were able to get video surveillance they have been looking at hours and hours of it. >> reporter: officers believe this is the man who attacked woman and threw her two cats into the bay last week killing both of them. here he is seen leaving an embarcadero hotel but he hasn't left the area. >> an hour and a half ago we received a call, somebody saw the news said they saw the person down at the embarcadero. >> reporter: animal care and control officers responding but he was not there when they arrived. >> ever seen that guy? >> reporter: captain brown and officer hilton talked to the folks in the plaza.

it's full of people. some are homeless. some are mentally ill. they approach a security guard about the victim who lost her cats. >> do you know her? okay. i just wondered if you saw her. >> reporter: san francisco police are looking too but since it's an animal cruelty case the lead agency is the city's department of animal care and control. >> we canvassed the embarcadero area, also into the tenderloin, glide memorial, st. anthony's kitchen to see if he was up there. so far nothing turned up. so we're still out looking for him. >> reporter: armed now with these new images, animal care and control officers are confident they're closing in on their man now known as the san francisco cat killer. in san francisco, don ford, kpix 5. >> now, it's not clear if the woman and the suspect knew one another. he faces two counts of animal cruelty. a man suspected in a deadly shooting over a game console is in san francisco police custody

tonight. police think 21-year-old ronnie collins shot and killed the victim yesterday near bayshore and jerrold avenue. police say the victim used a website to arrange the sale to collins. when the two met up collins allegedly robbed and shot the victim several times. san francisco police were combing the area of market and jones streets after a shooting in broad daylight. authorities say it started as a fight and quickly escalated to gunfire. one person was injured. witnesses called 911 saying they heard up to 8 shots fired. the gunman fled the scene and witnesses stayed with the victim until an ambulance arrived. the condition of the victim is unknown. well, a mild weekend and monday in the bay area is all about to change. be prepared to bundle up. a freeze watching starts tomorrow night. len ramirez shows us how people are preparing for frigid temperatures. len? >> reporter: elizabeth, just in time for the cold weather, which will be hitting tomorrow, the homeless shelters here in santa clara county are opening

tonight. in fact, this shelter at the sunnyvale former national guard armory has just opened for the evening. you can see some of the people starting to stream in. in fact, they began waiting in line earlier today. it was hours before the cold weather shelter would open but there he was bundled up on the doorstep of the sunnyvale armory. navy vet raymond cordero 71 years old and homeless. what's that going to mean so-to- have a roof over your head? >> -- what's that going to mean to have a roof over your head? >> it would be great. >> reporter: the armory is one of three cold weather shelters that are opening up in santa clara counted tonight providing an additional 275 beds in sunnyvale, san jose and gilroy, just in time for an expected blast of frigid weather. >> i'm very grateful that we have this program and we're doing it but at the same time, i'm filled with a lot of concern because we have over 7,000 people outside on any given night in this county and not enough for everyone in the cold. >> reporter: most of the

homeless people will sleep outside indoor ways, under bridges or camps. some won't survive the winter. 40 people died on the streets of santa clara county this year. >> a lot of the folks that have been homeless and living outside for long periods of time already have untreated medical conditions. and so the cold exacerbates those conditions and issues and makes them even more vulnerable than they already are so my concern is that the cold weather will as you make your way it worse for them. >> i use pajamas and good sleeping back and beanie cap. >> reporter: marine vet joe will coming in from the cold to sleep in the shelter for the next few nights. he says these days homelessness can happen to anyone. >> homeless doesn't necessarily people they want to be homeless like myself, i'm working but it's not enough to get me out of the situation. i'm not homeless balls i'm a lazy guy or i'm a drunk or anything like that. just my current situation that came upon me. >> reporter: now, besides a warm place to sleep tonight, the homeless folks will also be given dinner as well as

breakfast and this shelter will stay open all the way until march 31st. but after that, this particular shelter will be going away. in fact, the national guard armory here after serving so many years will be demolished and affordable housing will be built in its place but the emergency housing people are still looking for another type of walk-in shelter that they can have over winter in this part of the county. live in sunnyvale, len ramirez, kpix 5. absolutely is going to feel like winter soon. not tonight. we have temperatures in the 40s and 50s. here comes the cold crossing the oregon border into california right now. we already have a freeze watch up as soon as tomorrow night. a widespread freeze is likely and we'll talk about how long it will last coming up. >> it's been so hard just to try to come back from that. >> plus, why a woman who suffers seizures and her service dog were kicked off a flight about to leave the bay

area. >> i know this looks like science fiction. it's not. >> amazon testing delivery by drone. tonight we ask, practical or pie in the sky? ♪[ music ] >> and how a bay area program that's been silenced for years is revived due to a surprise discovery in a closet.

oakland. flight attendants said they were concerned abt dog's breed. an oakland woman and her service dog kicked off a flight in oakland. a flight attendant said they were concerned about the dog's breed. kpix 5's brian webb tells us the woman needs her dog to help prevent seizures. brian. >> reporter: ken, service dogs are part of the americans with disabilities act. about all you need to do to qualify your dog is get a note from your doctor. but just because you have the note doesn't mean you'll make the flight. to say sky they are

inseparable. the dog gives her help with emotional issues and seizures after an attack. >> so hard to come back from that. >> reporter: she was going to family she hadn't seen in years with the dog. when she got to her seat she was told to get off the flight. >> she didn't like me and we were removed. >> reporter: schuyler had a doctor's note in hand. the captain and crew didn't want the dog on board and they have the final say. they hoped to avoid a seizure. >> i thought i had made it. i was so happy. >> reporter: skyler says her dog was only there to help her

and wouldn't hurt anyone else. she knows the flight attendant had the right to do it but thinks it was wrong. >> i can't wear a badge on my forehead that says i have ptsd so i have lux. >> reporter: southwest airlines sent me a statement today saying that safety and customer service are top priorities and that they offered skyler a refund and money for a future flight. live in oakland, brian webb, kpix 5. skyler says she has no plans to fly southwest airlines anytime soon. every school suffered budget cuts. but when one east bay high school lost its music program some say it lost its heart. kpix 5's john ramos has the story of a community working to give the high school experience back to its students. >> reporter: for a long time, john f. kennedy high school in richmond has been quiet, too quiet. but things are changing and here's where it starts. ♪[ music ] this is the first music class at the high school since the old teacher quit four years

ago. and the entire program was dropped as a budget cut. school advocates knew that bringing music back would be a long shot bet. >> to consider having a full- time music program here that would be a complete fantasy. >> reporter: but when dolores began clearing out the old music room, now piled high with junk, she made a startling discovery. >> nine pianos were in good condition. >> reporter: until the cabinets instruments, robes, band uniforms. it wasn't everything they needed but it was a start so they rallied the community and convinced the school board to hire a full-time music teacher. margaret took up the challenge of starting an entire program from scratch. >> i knew i could build it the way i thought that it should be built and those kids more than anybody needed it because they didn't have anything in school. >> reporter: she is starting small with beginning keyboard classes and a school drum line that began by playing on

donated buckets from home depot. and for a little inspiration, a visit from the cal drum line. it's all making a difference here. >> we had our homecoming game and the band was playing and -- excuse me, the drum line was playing and everybody was into it and it felt for the first time like a high school. >> reporter: it may be years before they have a marching band again but if you are wondering where all this is leading here's an example. ♪[ music ] >> when i turned to music, it's like i just feel better about myself. >> reporter: joseph has never had a music lesson before. coming from a large musical family, he learned to play by ear. and in a what i that's what kennedy high is trying to do. create the family and good things are bound to happen. in richmond, john ramos, kpix 5. >> beautiful to listen to. the principal says they are being as resourceful as they

can but need help from the district to make the program sustainable. they are hoping the public will help by donating musical instruments. >> that would be cool. you know? >> yeah. >> get them going. >> why not. just open so many doors once you start that, look where it takes you. >> find your calling. >> that young man, it was beautiful to watch him. mother nature playing a different tune for us. this is going to be cold. a lot of parts of the country will be like, dude, 50 degrees? that's not cold. for us? that's cold! and that's where we're going to be for a week straight. this is not going to be one or two days. this is going to be a long time. this includes you, san jose. sometimes you miss out on the cold. not this time. you will be subfreezing in the santa clara valley on thursday morning. on monday today look at these highs. sometimes we call it the warm before the storm because before a cold front gets here we draw up warm air from the south. we did today. kentfield 65. concord and sonoma 67. gilroy 73. san jose and oakland came in at 64. but see that rain activity just to the west of redding? two things i want to show you. that's the leading edge of the

front that's bringing colder air and two that rainfall doesn't have a chance of making it here in an organized fashion. there may be a sprinkle or two but not rainfall. tonight low 40s average for concord and the tri-valley. mid-40s for the santa clara valley. tomorrow things change. we have a front, a dividing line between two air masses. we have had the mild stuff on our side of this front and cold arctic air coming from the north pole working right through canada right into the pacific northwest and heading towards us. that front will pass by tomorrow. and then you're going to feel the change. it's going to be chilly blustery and cooler for tuesday. tomorrow night freeze in the north bay. wednesday night, thursday morning a freeze everywhere. everybody is under a freeze watch with one exception. that will be san francisco. everybody is near or below freezing on thursday morning. the coldest weather we have had in a year starts tomorrow. tomorrow actually will be the warmest day of the next week

and look at the highs. 53 for concord. san jose 54. san rafael 54. napa 53. it gets colder wednesday 50, thursday upper 40s. that's it. cold for us. friday and saturday a few sprinkles out there. the nights will be milder as we head toward the weekend but the afternoons that's chilly and this is going to last a while. so maybe that box of sweaters is still inside the garage or the attic and you're like, it's got to really get chilly before i'm going to open that up? open it up tonight. get them out. >> you're keeping rain in the forecast but not much, huh? >> when you get colder the atmosphere gets drier so when you get weather like this it reduces the amount of rainfall we could potentially get so this little drought thing we got going on isn't going to change. >> thanks, paul. still ahead, how school officials are tackling the war on bullying tonight in response to this bay area brawl. >> it's very green better than driving trucks around. >> but is it realistic? tonight we ask if amazon's

delivery by drone is realistic or nonsense. ,,,,,,,,,,,,,,,,

kpix 5's allen martin joinss with the new frontier in "a mail." maybe it's crazy maybe in a few years we won't be able to imagine life without it. allen martin joins us with the new frontier in air mail. >> a lot of things we have these days that we see -- how did we live without that? >> reporter: i don't think it's a coincidence that amazon's drone story broke the day before cyber monday. if it comes to be that amazon starts delivering packages with unmanned drones it's going to be a game changer? >> from the battlefield to the farm field, to your neighborhood park, it was only a matter of time before the drone became part of your shopping experience. >> these are octo coptors it drones that they can't be used

as delivery vehicles. >> reporter: amazon founder and ceo jeff bezos imagines your order rolling off the line and on to a drone before soaring through the sky and landing on your doorstep a five pound package delivered in about half hour. >> it won't work for everything. you know, we're not going to deliver kayaks and table saws this way. these are electric motors so this is all-electric. it's very green. it's better than driving trucks around. >> reporter: as amazing as it sounds it's not that high-tech. drones have been available at hobby stores for some time now. but the challenge for amazon is to make sure its technology doesn't deliver a disaster. >> the hard part is putting in all the redundancy, all the reliability, all the systems you need to say, look this thing can't land on somebody's head. >> reporter: of course, the word drone usually stirs privacy fears. there was back latch when the alameda -- backlash when the

alameda county officials were going to use one. there are already jokes going on about it. but they are here to stay. >> i know it can't be before 2015 because that's the earliest that we could get the rules from the faa. >> we actually had some fun playing with this one and a couple of stories we have done now. but you heard him say federal approval. the faa is working on guidelines for commercial drone use. he hopes that will be worked out by 2015. and he thinks his delivery drones may be in the air within four or five years. that's what he projects. >> i'm going to throw these out there because everybody is thinking about this right now. >> skeet shooting and theft. how do you regulate it? it doesn't exist yet. >> some of the things that have to be worked out. there are some rules already. hobby drones are supposed to stay below 400 feet away from airports. the faa would have to expand that but where would the largest ones be allowed to fly?

what kind of technology and safety standards would be required and how would someone or a business get a license to use them so the faa is looking at all that now of course and the safety issues. >> we still need hover boards and spaceships. >> i want the george jetson thing to get to and from work. >> and then u.p.s. and fedex can drive that to your house no traffic jams there. thanks, allen coming up in the next half hour the emergency response to this bay area brawl set to start in just a couple of minutes. >> plus, some new video of the fiery crash that killed actor paul walker. >> and the tactic to give trees new life even after they have been chopped down. ,,,,,,,,

[woman] you wrapped the... [man] it's nothing but tape... [woman] it's a block. we're havin' a baby!

[laughter in background] [woman screams] are we havin' a baby? [ambient crying and laughter]

brawl. school officials say t now at 6:30, the emergency meeting just about to get under way in response to this brutal high school brawl. school officials say this type of thing has got to stop. our ann notarangelo with what the west contra costa school district plans on doing about it. >> we don't want this to be a whisper campaign about what's wrong with west contra costa. >> reporter: the quiet at hercules high is a stark contrast to the cell phone video from last month showing

three girls assaulting a student who identifies as transgender. but many of the kids say that was out of character for their school. >> i don't think it's too much bullying go on just that one incident. >> reporter: all the students involved are back in class. the district says there was disciplinary action but will not elaborate. it is still undetermined if the fight was over sexual orientation or something unrelated. but this mom says the kids themselves have made it clear this won't be tolerated. >> they just didn't like it at all. i guess it took away from their school society as a cool school as they say. >> reporter: but the fight spawned a call for a special school board meeting to talk about zero tolerance. >> we think if they know people are watching that the behavior will change. >> reporter: the school board will give the district direction on how to confront bullying and examine the policies and programs already in place. >> we do take a very pro-active position on how do we educate our kids to really get along with other kids. >> reporter: they are also

hiring a full-time compliance officer to make sure the efforts are carried out properly. they point to a 25% reduction in suspensions districtwide in the past few years. 185 students were suspended last year for bullying. the majority in middle school. but while making gains, it's understood bullying cannot be eliminated. >> i don't think you really can fix bullying because it's still going to be like those people who just keep it under the curtain. they don't talk about it. >> reporter: which is why district officials actually like cell phone videos. it makes it much more difficult to hide the ugliness of that exists. in hercules, ann notarangelo, kpix 5. >> the d.a.'s office says it does have this case but since it involves juveniles, it won't comment on whether charges will or will not be filed. other bay area headlines, a man hit and killed by two cars in san mateo has been identified as 58-year-old scott van dyke. police say van dyke was not in a crosswalk when he was hit

this morning on el camino real under highway 92. one driver left the scene but police found him and say he is cooperating. one person is dead following a mobile home fire this morning in mountain view. this is the aftermath of that blaze. firefighters say when they arrived, flames made it too dangerous to enter the home. then they did what they could do to keep that fire from spreading. the victim's name hasn't been released and the cause is still under investigation. there is a new 600-foot- long barricade at the sonoma raceway to stop dangerous stunts by commuters. it's at the track's main entrance near the intersection of highways 121 and 37. that's where traffic tends to back up in the afternoon. some people try to avoid the mess by making a u-turn in the racetrack's driveway causing accidents. a new york city commuter train was going almost three times the legal speed limit when it derailed this weekend killing four passengers. the ntsb says today, that

preliminary data shows the train was going 82 miles an hour as it entered a 30-mile-an- hour curve in the bronx yesterday morning. investigators are now talking to the train's engineer. they want to know whether it was human error or brake trouble that caused that crash. >> it was only six seconds before everything came to a stop that the throttle went to idle. >> so this was late in the game? >> very late in the game. >> investigators said they are not aware of any problems with the brakes during the nine stops the train made before the derailment. new video shows the crash that killed actor paul walker and a friend over the weekend. the l.a. county coroner says autopsy results could be released tomorrow. teresa garcia has the video and new details on the investigation. >> reporter: this sped-up surveillance video obtained by "omg! insider" shows the crash and then the explosion that created a huge smoke and fire on the saturday. the crash killed paul walker

and the driver, a professional car racer. the actor was at a fundraiser near los angeles for victims of the recent philippines typhoon when he decided to go for a ride in his friend's porsche carerra gt. authorities say speed was a factor but don't i think were racing. jim saw the pair before they took off. >> i know for a fact they weren't drag-racing. >> reporter: walker was best known for his role in the "fast & furious" films. the movies about street racing were huge hits worldwide. production on the 7th installment is delayed because of walker's death. fans continue to pay their respects at a makeshift memorial set up at the crash site leaving behind candles and movie memorabilia. walker's father talked to reporters outside his home. >> i'm just glad every time i saw him i told him i loved him. >> reporter: investigators say they have yet to determine how fast the car was going when walker and his friend crashed.

teresa garcia, cbs news, los angeles. coming up, how you can give a tree new life after you chop it down. >> and if you think you escaped paying tax by buying something online, how that cyber monday purchase could come back to hawn you. -- could come back to haunt you. ,,,,,,,,,,,,,,

friendly growing method. reporter ian schwartz explas "tree stumping." christmas trees with a conscience. one northern california farm is using a ecofriendly growing method. ewan swartz explains tree stumping. >> reporter: it's the sounds and the smells that bring the family here year after year. this year, little brody was tasked with tackling the tree that easily towers over him. >> timber! >> reporter: how did that go? >> well, tiring. [ laughter ] >> reporter: acres and acres of trees, that's just one of the reasons this family comes here. but also the ecofriendly growing method used at the mcgee christmas tree farm. >> definitely a benefit to us. we try to do things like that around our house. and we can help the

environment, that's great. just a bonus. >> you can see this big one was cut. >> reporter: phyllis and mike mcgee grow trees by stump culturing. they are able to grow another tree on the same stump as the one they cut down. phyllis says it's for labor- intensive but better than the way trees are grown in a store. >> they do what's called clear- cutting on those. they just cut them off at the ground. then they have to come back through re-seed and it takes a lot more water. >> reporter: down there you can't see it but there is the old stump where there used to be a tree. they cut it down. now the new arm started to grow out, they decided which arm would be the best, and pruned it and this is it. you can see a brand-new tree is growing from the stump of the old one. the family says coming here is more about the gift that keeps on giving but sprouting new memories that will last forever. >> just being here as a family. we have done this since the kids were 3 or 4. so we come

out and make it a tradition. we hope they will tole it when they have kids. >> reporter: in el dorado counties, ian schwartz, kpix 5. >> each stump takes three years to grow into a tree and each stump can produce up to four in its life. still ahead, how cyber monday deals could cost you. coming up in consumerwatch why your online purchase could come back to haunt you after you thought you saved some money. >> weather-wise this week is going to be frigi friday. we are going to get cold. the coldest day all of last winter in livermore, 46 degrees. the coldest day this week is pretty close. we'll talk about how long this cold is going to stick around coming up. >> and i'm dennis o'donnell. coming up, the 49ers won a football game but did they lose a critical piece of the puzzle? the a's added one to their and it didn't come cheap. did you see this? why the puzzling behavior? the answer is coming up. ,,,,,,,,,,,,,,,,,,,,,

cyber monday, has turned in cyber mess for yahoo.

users have not been able to access their yahoo mail accs for much of the day. a lot cyber monday has turned into a cyber mess for yahoo. users have not been able to access their yahoo mail accounts for much of the day. a lot of complaints we have seen involve no incoming mail. our one business owner noted it could not have come at a worse time. we have contacted yahoo but so far, no response. this cyber monday everyone is looking for a deal and some turn to the internet in hopes of saving on sales tax and the like but on our consumerwatch tonight, julie watts explains online shoppers no longer get a free ride. >> reporter: brick and mortar stores have long been complaining they are losing business to online retailers because people aren't forced to pay taxes online. well, thanks to the amazon tax, that's beginning to change but even if you are not charged at checkout today, you should know you are still obligated to pay that sales tax. with every item you add to your cart, you will need to add something extra this year even

if you are not charged you're still responsible for the sales tax. >> under california law, you do owe tax on it even if you weren't charged at the time of purchase. >> reporter: joseph hen. man of tax foundation explains not every online retailer is required to collect tax. back in the '70s the supreme court ruled that only businesses with a nexus, or a physical presence in the state, had to collect sales tax. but last year, california lawmakers went one step further. >> california is one of 12 states that passed a law that redefines physical presentations. >> reporter: it was coined the amazon tax and focused on large retailers lik amazon. some courts found the law unconstitutional. but the u.s. supreme court has decided to let a similar stand in new york. here in california the law went into effect last year requiring companies like amazon to collect tax at the time of purchase. >> regardless of whether they charge, you have to pay the tax. if it's not a sales tax at the time of purchase, you're supposed to keep your receipts

and pay a use tax at the end of the year. nobody does it. >> reporter: but buyer beware. while henchman says for now the state is only likely to go for you on taxes like big items like cars or art, when it comes not fluctuating economy of california you never know when a simple cyber monday purchase could come back to haunt you. >> of course, there have been moments where they kind of needed every dime they could get. >> reporter: earlier this year, the senate passed a marketplace fairness act which would require retailers with over a million a year in sales to collect state tax but the bill is stalled in congress. and it's being rewritten. >> what do you do if you go to a site and there is no place for sales tax? in other words, you can't add it on there. they don't charge sales tax. >> reporter: a lot of companies especially smaller companies aren't required to collect this at the point of sale so you actually have to keep the receipt and when you pay your income taxes you have to say -- [ laughter ] >> -- i purchased this. >> i'm going to turn myself in?

>> and pay this. >> if you don't, the state could come back and force you to pay retroactively charge you penalties. right now, it's probably only going to happen on big ticket items but you never know. [ laughter ] >> we are strapped for cash from time to time. >> okay. honesty is the best policy once again. >> remember that, ken. >> julie, thank you for that. fedex says today is the busiest shipping day of the company's history. how busy? it's processing 125 packages a second. that's double the amount on an average day. >> that's about half as fast as paul deanno goes when he is figuring out the forecast. you know? >> crunching numbers writing things down, the head comes up for water and for oxygen every couple of minutes like a seal. hopefully better. >> nice vision to hold on to. >> don't remember that. hope you're not enjoying dinner. here's a peek outside. sfo, san francisco mainly cloudy skies. clouds are rolling in ahead of the front. behind that front a taste of

winter. not much when it comes to rain. great shot from oakland. all lit up the pyramids shining the skyline it's going to be chilly. currently in the mid-50s not bad. doesn't begin tonight. the cold stuff gets here tomorrow. concord at 57. santa rosa 57. san jose 55. livermore and san francisco at 54. how cold? below freezing as soon as tomorrow night wednesday morning north bay north of vallejo that's you in sonoma county, mendocino county, solano county a widespread freeze in the north bay as soon as tomorrow night. you will be down to the mid- 20s. schoolcast sunny in the afternoon and sprinkles in the morning high of only 53 degrees at burton valley elementary school in beautiful lafayette. sunshine but chilly for the kids tomorrow. get your school on television. go to kpix.com/schoolcast. let's talk about the cold. it's simple. we have a dividing live in the atmosphere we call a front. sometimes this time of year a front can drag down arctic air not just all the way to washington or oregon. it can make it here in this

case all the way to mexico. los angeles and phoenix will get in on this, as well. but that front gets here tomorrow. and you will absolutely notice the difference. it's going to be chilly tomorrow afternoon. it won't feel great to get outside if you like warm weather. the front pushes down, everything calms down and allows the cold air to sink down here. the coldest weather in a year will be here tomorrow night and last through friday with the coldest day coming up on thursday where the entire bay area except for san francisco is under a freeze watch wednesday night, thursday morning. so that's the coldest day will be thursday but the freezing weather in the north bay begins tomorrow night and the slight chance of a shower as the front passes by but the big story is not the rain, it is the colder air. highs tomorrow san jose 54. you were in the mid-70s a couple of days ago. san francisco 55. livermore 54. palo alto only 53.

pacifica 53. milpitas 54. livermore 54. pleasant hill 53. fairfield tomorrow blustery 53 degrees. berkeley mid-50s that's it. novato 54. daly city 54. and lakeport how about the upper teens to mid-20s for you in lake county coming up thursday morning. there it is. sunny but cold wednesday and thursday. some of you thursday won't hit 50. couple of showers possible friday and saturday. cloud cover will make it warmer at night and chilly during the day. tomorrow the mid-50s will be the warmest day of the next week. so find that jacket and keep it close by. sports is coming up next.

[[man] it's nothing but tape... [woman] it's a block. we're havin' a baby! [laughter in background] [woman screams] are we havin' a baby? [ambient crying and laughter]

suffered a sprained mcl, noa season-ending torn acl that 49ers dodged a bullet with the news that left tackle joe staley suffered a sprained mcl not a torn acl initially feared. jim harbaugh would not speculate on his status for next week but it seems unlikely he could play. fresh off his injury receiver michael crabtree had only two catches but showed glimpses of his old self with a 60-yard reception in the 3rd quarter. and he made life easier for anquan boldin with nine catches. his most since week one and suddenly all is well with the 49ers passing game. >> the three amigos! [ laughter

] >> very athletic. [ laughter ] >> stay on the ground. [ laughter ] >> i like this guy. they are funny guys. [ inaudible ] >> we give him a pass on that one. thanksgiving was this week. [ laughter ] >> y'all the turkey. [ inaudible ] [ laughter ] >> three amigos coming to a comedy club near you, huh? [ laughter ] with the win yesterday the 49ers now have a one-game lead for the final wild card spot in the nfc. san francisco has seattle coming into the stick next sunday. tom brady and the patriots needed another huge second half to win. now, new england scored on five straight possessions to beat the texans 34-31. but houston's defensive end anden to i don't smith says the patriots adjusted too well and

accused them of spying. >> we have some ways we was gonna play this week that just got put in this week and it was just miraculous that they changed up some things that they did on offense. you have to be a [ indiscernible ] to know know what we put in this week to be able to change that fast. >> smith today apologized for the spying accusation. i got some baseball news. the a's pitching rotation is undergoing a makeover. makeover. the a's have reportedly agreed to a two-year $22 million deal with kazmir who went 10-9 with the indians. struck out 9.2 per nine innings. signing the two time all-star also increases the chance of oakland trying to trade brett anderson who is due $8 million in 2014. usc hired steve sarkisyan

to be the next head coach. he spent five seasons at washington and was previously under pete carroll elizabeth two thumbs up. the hire did not go over well with interim coach ed orjoran who hoped to get the job when he took over for lane kiffin. he quit today and won't coach for the trojans in the bowl game. good night, that is a huge fish! >> okay. blatant self promotion at its finest before if anybody watching the show would send me at kpix 5 sports their picture, i wouldn't have to stoop this low. every monday at this time we recap the plays of the weekend that you might have missed but raise your hand if you actually missed the fourth ranked auburn versus number one alabama finish! here it is with fan reaction as it unfolds. >> all right, here we go. [ applause and cheers ] >> 56-yarder. it's -- no, does not have the

leg. running out to the 10, 15, 20. >> cheater cheater cheater. >> 25, 30, 35, 40. >> go, go, go, go! >> 45, 50! 45, there goes david. >> oh, my god. [ screaming in the background ] >> oh, my god! >> davis is going to run it all the way back! auburn is going to win the football game! [ screaming at the top of their lungs ] >> oh, my gosh, we did it! we did it!! >> he ran the field goal back. he ran it back 109 yards! >> whoo! >> they are not going to keep him off the field tonight! holy cow! >> i have to admit, i was one of those guys who -- >> oh. >> did you grab somebody and throw them off the couch. >> what yeah, my dog! captions by: caption colorado comments@captioncolorado.com ,, ,,,,,,,,,,,,,,,,

announcer: it's time to play "family feud"! give it up for steve harvey! [captioning made possible by fremantle media] steve: there's mama there. thank you very much, folks. thank you very much. welcome. hey, welcome to "family feud," everybody! i'm your man steve harvey! boy, we got a good one for you today. returning for the third day, with a total, 20,8ucks--om leicester, mass., it's the brown family! >> hanmi taekwondo! [cheering and applause] and from atlanta, georgia, it's the scott family! >> scotts, scotts, scotts! whoo! steve: all right. everybody's here trying to win theirself a lot of cash and a shot at driving out of here in a brand-new head-turning ford fusion right there.